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Complaint procedure

p. 4: CONSIDERING that, while the Appeals Chamber has the authority to issue orders to States pursuant to Article 29 of the Statute of the Tribunal and Rules 54 and 107 of the Rules, an order by the Appeals Chamber on the Motion is not necessary for the purposes of an investigation or for the preparation of Pandurević’s appeal[1]

[1] The Appeals Chamber recalls that matters relating to the rights of detained persons and conditions of their detention are regulated by the Rules Governing the Detention of Persons Awaiting Trial or Appeal Before the Tribunal or Otherwise Detained on the Authority of the Tribunal, IT38/Rev.9, 21 July 2005 and fall primarily under the authority of the Registrar and the President of the Tribunal.

Pp. 3-4: CONSIDERING that, pursuant to Rule 3 of the Rules of Detention, the Commanding Officer of the UNDF has primary responsibility for all aspects of the daily management of the Detention Unit and that, pursuant to Rules 82 and 83 of the Rules of Detention, where a detainee is not satisfied with the response of the Commanding Officer, he or she has the right to file a written complaint to the Registrar who shall forward it to the President of the Tribunal;

P. 3: NOTING that, according to Rules 82 and 83 of the Detention Rules, where a detainee is not satisfied with the conditions of his or her detention, he or she is entitled to “make a complaint to the Commanding Officer or his representative at any time” and, in case of an unsatisfactory response, to “make a written complaint, without censorship, to the Registrar, who shall forward it to the President”;

P. 4: FINDING that the complaint procedure for the detention conditions has not been duly followed by the Appellant and that he has not yet exhausted the remedies made available to him by the Detention Rules;

43. Turning to Ntabakuze’s submission regarding the opportunity to enroll in a work programme, the Appeals Chamber stresses that such a complaint must first be made to the Commanding Officer of the Tribunal’s Detention Unit, who has responsibility for all aspects of the daily management of the Detention Unit.[1] If the detainee is not satisfied with the response of the Commanding Officer, he may then make a written complaint to the Registrar of the Tribunal, who shall then forward it to the President of the Tribunal.[2] In the present case, Ntabakuze has failed to show that the matter is properly brought before the Appeals Chamber after the exhaustion of all available remedies. His complaint is accordingly dismissed.

[1] See Rules 3 and 82 of the [Rules of Detention Rules Covering the Detention of Persons Awaiting Trial or Appeal Before the Tribunal or Otherwise Detained on the Authority of the Tribunal, adopted on 5 June 1998 (“Rules of Detention”)].